Litigation fatigue is the emotional and physical stress caused by long, drawn-out legal battles. Because civil litigation often takes several years from start to finish, it can take a real toll on the people involved and their families. So what exactly does litigation involve? Here we focus on the civil litigation process and its main stages:
(1) Filing stage: This stage begins when you meet with an attorney and provide all the documents and information related to your legal issue. The attorney then drafts a petition, a written summary of the facts and legal claims, and files it with the court. The court issues a summons, a legal notice that the petition has been filed, which must be formally delivered to the defendant, often by a sheriff or a private process server. The defendant then has 30 days from being served to file a response. That response is usually either an answer, which responds to each allegation in the petition, or a motion to dismiss, which asks the court to throw out some or all of the claims. Motions to dismiss are common and usually not cause for alarm, but they do require additional work from your attorney and a court hearing, which can delay the case.
(2) Discovery stage: In this stage, the parties exchange written questions, called interrogatories, which must be answered under oath. They also request documents relevant to the claims and defenses in the lawsuit. Discovery is often the most important stage of litigation, because it is where you gather the evidence to support your claims. After written discovery, the attorneys on both sides take depositions of the parties and other key witnesses. A deposition is a session in which a person answers questions under oath in front of a court reporter. Once discovery is complete, the case moves toward trial.
(3) Pre-trial stage: In this stage, the parties may file dispositive motions, such as motions for summary judgment, which ask the judge to decide some or all of the claims based on the evidence gathered in discovery. The parties may also go to mediation, in which a neutral third party, usually an experienced attorney or retired judge, helps each side understand the strengths and weaknesses of its case and works toward an agreement that avoids trial.
If neither resolves the case, the attorneys file additional motions to prepare for trial. These mainly include motions in limine, which ask the judge to rule in advance on whether specific evidence, testimony, or arguments can be presented to the jury. While surprise “gotcha” moments make for good television, that isn’t how trials actually work. Both sides build their cases from the same information and evidence exchanged during discovery.
(4) Trial stage: Jury trials generally last anywhere from a few days to a few weeks. The first step is jury selection, when the attorneys question potential jurors to identify anyone who may not be able to judge the case fairly. Once a jury is seated, both sides give opening statements, which preview what each side expects the evidence to show. The plaintiff always goes first and also gets the last word. The plaintiff gives an opening statement, followed by the defendant, and then the plaintiff presents its case. When the plaintiff finishes, the defense presents its case. Afterward, the plaintiff may offer rebuttal evidence responding to the defense’s case. Once all the evidence is in, the judge reads the jury instructions, which guide the jury through the legal elements of each claim. Then come closing arguments: the plaintiff goes first, then the defendant, and the plaintiff gets a final rebuttal. The jury then deliberates, and when it reaches a verdict, the verdict is read aloud in the courtroom. With that, the trial is over.
(5) Post-trial stage: A jury verdict may feel like the end of the journey, but it often isn’t. The losing side may file post-trial motions asking the judge for a new trial or to change the verdict, and may then appeal. Verdicts are rarely overturned, but an appeal can still take a year and a half to two years to work its way through the courts. For that reason, the parties sometimes return to mediation after trial to avoid the time and expense of an appeal.
This is a basic overview of the civil litigation process. To learn how pursuing a lawsuit affects a plaintiff personally, see Part 2. Although this article focuses on the civil litigation process, similar legal procedures can arise in workplace disputes. A St. Louis, MO employment lawyer can help employees understand their rights, evaluate potential claims, and navigate litigation when an employment issue cannot be resolved informally.
If you are facing an employment dispute or believe your workplace rights have been violated, the team at TGH Litigation can help you understand your legal options and determine the appropriate next steps. Visit TGH Litigation to learn more about how the firm can assist with your employment law concerns.